Daily Archives: May 5, 2023

Denver Post: Colorado Supreme Court hears first-of-its-kind challenge to police’s use of Google search terms to ID murder suspects

Denver Post: Colorado Supreme Court hears first-of-its-kind challenge to police’s use of Google search terms to ID murder suspects (“The groundbreaking legal case considers for the first time in Colorado — and, attorneys said, nationally — whether police can legally … Continue reading

Posted in geofence | Comments Off on Denver Post: Colorado Supreme Court hears first-of-its-kind challenge to police’s use of Google search terms to ID murder suspects

E.D.N.Y.: Even if Brooklyn checkpoint was unreasonable, def’s flight from it was intervening circumstance

NYPD set up a vehicle checkpoint in East Flatbush, Brooklyn, because of heavy traffic and crime in general. Every third vehicle was to be stopped except anything apparently a violation would cause a stop. Defendant was stopped for no front … Continue reading

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N.D.Ala.: No REP in DEA’s license plate reader database

“First, Officer Josh Powers did not violate Toombs’ Fourth Amendment rights by accessing license plate reader data from the Department of Justice’s Drug Enforcement Administration System Information License (‘DEASIL’). Second, Powers had reasonable suspicion of criminal activity when he extended … Continue reading

Posted in Inventory, Protective sweep, Reasonable expectation of privacy, Reasonable suspicion, Third Party Doctrine | Comments Off on N.D.Ala.: No REP in DEA’s license plate reader database

MN: Purse in car could be searched under automobile exception

The warrantless search of defendant’s purse was lawful under the automobile exception because there was probable cause to believe that the car contained a controlled substance, and the purse was a container within that car. State v. Barrow, 2023 Minn. … Continue reading

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CA3: When relying on social media posts for PC, innocent explanations aren’t required

The warrant affiant adequately corroborated the CIs. When relying on jewelry visible in defendant’s social media posts, it isn’t necessary for the affiant to prove they are real or actually his. For probable cause, innocent explanations don’t have to be … Continue reading

Posted in Informant hearsay, Probable cause, Reasonable suspicion, Scope of search | Comments Off on CA3: When relying on social media posts for PC, innocent explanations aren’t required

NJ: Common authority to search a storage unit doesn’t necessarily include authority to search bags within

After a search warrant produced nothing, the domestic battery complainant had common authority to consent to a search of a storage trailer to seize weapons, but not to search the bags that the weapons were found in. “A third party’s … Continue reading

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